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Despite being stopped on a darkened rural road, murder trial witness Trista Tinkler insisted she was able to see accused killer Robert Daignault lick blood from his hand.
But Tinkler’s cross-examination was shut down earlier than expected Thursday afternoon when she started to become non-responsive to defence lawyer Andrea Urquhart’s questioning.
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Justice Eleanor Funk agreed with Crown and defence counsel that it would be prudent to adjourn the balance of Tinkler’s testimony about a half an hour before court was scheduled to finish for the day.
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Urquhart suggested Tinkler was only nominally participating in the trial process when she began to repeatedly reply “sure” to any questions from the defence lawyer.
“She’s not actually participating in any meaningful way,” Urquhart said.
“Nothing’s coming of this at this stage.”
The lawyer’s observations came after Tinkler had earlier become non-responsive before her own trial lawyer, Shamsher Kothari was summoned to the courthouse to encourage his former client to cooperate.
After Kothari spoke to Tinkler in private he told Funk she would be willing to continue.
Before court adjourned he once again said he would speak to her before she returned to the witness stand on Friday morning.
Tinkler was then returned to the courtroom and Funk indicated she would have to come back for more testimony.
“Ms. Tinkler, we’re going to shut you down for the day. I know you’re tired and frustrated,” the Court of King’s Bench judge said.
“We’re gonna try again (Friday) when everybody is fresh and rested.”
During her evidence Thursday morning, Tinkler was a little more demonstrative.
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In testimony in chief, Tinkler told Crown prosecutor Britta Kristensen Christal got out of the car and she subsequently heard Hirani screaming.
When Daignault got out the screaming stopped, before he returned to the car and licked his hand.
Urquhart questioned Tinkler about that claim, which she made in a police statement a week earlier for the first time.
“Where was the blood located?” the lawyer asked.
“On his thumb. On the tip,” Tinkler said.
“It was dark in that car,” Urquhart suggested.
“Not when the door was open,” said Tinkler, of the moment the incident occurred.
X: @KMartinCourts
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